The detainees, held at Texas’s Bluebonnet Detention Center, were slated for removal under the Alien Enemies Act. The Court’s unsigned, late-night order followed an ACLU emergency appeal, claiming the deportations lacked due process.

Alito criticized the Court for bypassing the Fifth Circuit, acting without input from the government, and issuing a rushed decision without explanation. He argued the appeal lacked jurisdiction and accused the ACLU of manipulating the process.

According to Alito, the Court ignored established rules and intervened prematurely, undermining legal precedent. The decision blocks removals until further notice and signals heightened tensions over Trump’s immigration enforcement and the judiciary’s role in reviewing executive actions.

The order says, in part:

There is before the Court an application on behalf of a putative class of detainees seeking an injunction against their removal under the Alien Enemies Act. The matter is currently pending before the Fifth Circuit. Upon action by the Fifth Circuit, the Solicitor General is invited to file a response to the application before this Court as soon as possible.

The Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court. See 28 U. S. C. §1651(a). Justice Thomas and Justice Alito dissent from the Court’s order. Statement from Justice Alito to follow.